Court-Appointed Defence by GLADICA Lawyers
Those who appoint us as court-appointed defence lawyers receive professionally specialised, personally supervised and strategically conducted criminal defence with the same care as a privately retained mandate. Nominate one of our lawyers as your court-appointed defence lawyer at an early stage, because the earlier we are involved, the greater the scope for an effective defence.
Book an Appointment
Court-Appointed Defence at the Level of Privately Retained Counsel
Right to Free Choice of Court-Appointed Defence Lawyer
A court-appointed defence lawyer is not simply assigned to you. § 142 (5) StPO expressly grants you the right to nominate a defence lawyer of your confidence within a period set for you. The court is in principle bound by this choice, provided no important reasons militate against it. Those who wait passively risk being assigned an unknown lawyer. Those who act proactively and nominate one of the lawyers at GLADICA Lawyers secure specialised expertise, personal supervision and strategic conduct of proceedings.
Quality and Scope of the Defence
In law, there is no difference between court-appointed and privately retained defence with regard to duties, powers and procedural standing. Under § 142 (6) StPO, specialist lawyers in criminal law or lawyers with demonstrated criminal law expertise are to be appointed as a matter of priority. We treat court-appointed defence mandates in exactly the same way as privately retained mandates: full access to case files, careful evidence analysis, active conduct of proceedings, strategic negotiations with the public prosecutor's office and consistent use of all legal remedies.
Cost Structure and Financial Framework
In court-appointed defence proceedings, the public purse initially covers the fee at the statutory rates under the RVG. As the accused you are not required to make any payment at this stage. In the event of a final conviction, the procedural costs including the court-appointed defence fees are generally imposed on the convicted person under § 465 StPO. Where the accused is acquitted or proceedings are discontinued, the public purse bears the costs definitively.
Court-Appointed Defence with the Commitment of a Premium Mandate
Many premium law firms categorically decline court-appointed defence mandates. We take a different position: particularly in serious proceedings where the personal liberty and future of the client are at stake, the quality of the defence matters more than any billing consideration. Those who depend on a court-appointed defence lawyer should not have to fall back on second-class representation. Every mandate is personally conducted by experienced lawyers and is not delegated to junior associates.
Comprehensive Support from Application to Final Conclusion of Proceedings
Our Services at a Glance
Immediate assessment of whether a case of mandatory defence under § 140 StPO exists
Application for appointment as court-appointed defence lawyer under §§ 141, 142 StPO before the competent court
Immediate assumption of the defence from the moment the allegation is disclosed where mandatory defence applies
Full access to case files under § 147 StPO and strategic evidence analysis
Defence in arrest warrant proceedings, custodial hearings and bail review proceedings under §§ 117 ff. StPO
Defence at the main hearing before all courts and at all instances
Negotiations with the public prosecutor's office regarding case dismissals under §§ 153, 153a StPO
Appeal, revision and direct revision under §§ 312, 333, 335 StPO within the court-appointed mandate
Application for a change of defence lawyer under § 143a StPO
Coordination with expert witnesses, translators and interpreters
Mandatory Defence under § 140 (1) StPO
The law provides in § 140 (1) StPO for a number of constellations in which the appointment of a court-appointed defence lawyer is mandatory. Mandatory defence exists in particular where the first-instance main hearing takes place before the higher regional court, regional court or mixed court (no. 1), for felonies carrying a minimum custodial sentence of one year (no. 2), where a prohibition on practising a profession may be imposed (no. 3) and where pre-trial detention or provisional placement is being enforced (no. 4).
Further cases of mandatory defence are the ordering of placement under §§ 63, 64 StGB or for observation under § 81 StPO (no. 5), the conduct of security proceedings (no. 6), the judicial exclusion of a retained defence lawyer (no. 7), being brought before a court for a custodial decision (no. 8) and the assignment of a lawyer to the joint plaintiff (no. 9). We promptly assess which provision applies in your case and file the application without delay.
General Clause and Change of Defence Lawyer
Independently of the expressly regulated cases of § 140 (1) StPO, under the general clause of § 140 (2) StPO a defence lawyer must be appointed where the gravity of the offence, the anticipated legal consequence or the difficulty of the factual and legal situation so requires, or where it is apparent that the accused cannot conduct their own defence. This general clause opens up a significant field of application that is frequently underestimated in practice.
A change of the already appointed court-appointed defence lawyer is possible under the conditions of § 143a StPO, in particular where there is a permanently broken relationship of trust or for comparably weighty reasons. The decision on the change is made by the court. We assess your situation and support you in filing the application.
Where the first-instance main hearing takes place before the higher regional court, the regional court or the mixed court, the participation of a defence lawyer is mandatory. These courts generally deal with serious criminal offences carrying substantial expected sentences. The complexity of the proceedings and the significance of the anticipated decision make qualified defence indispensable in these constellations. We accompany you from the investigation through the main hearing to any appellate proceedings.
Where the accused is charged with a felony, that is a criminal offence carrying a statutory minimum custodial sentence of one year, a case of mandatory defence always exists. Typical felony offences are serious bodily harm, robbery, extortion, rape, serious fraud as well as manslaughter and murder. In these proceedings substantial custodial sentences are generally at stake, requiring specialised and strategically conducted defence. We assume the defence without delay from the moment the allegation is disclosed.
Where pre-trial detention or provisional placement is being enforced, the defence is mandatory. The same applies where the accused is brought before a court for a decision on detention or provisional placement. In these urgent situations, swift action is essential. We assume the defence immediately, examine the grounds for detention under §§ 112 ff. StPO, file bail review applications under § 117 StPO and develop a strategy for the swiftest possible lifting of the arrest warrant or suspension of pre-trial detention.
Where placement in a psychiatric hospital under § 63 StGB or in a detoxification facility under § 64 StGB may be ordered, or where placement for observation under § 81 StPO is ordered, a defence lawyer is required. The same applies where security proceedings are conducted. These constellations affect not only the criminal sanction but also the long-term placement of the client. We coordinate the critical review of psychiatric expert opinions and develop a defence strategy that covers both the criminal law assessment and the prognostic questions.
Where a previously retained defence lawyer has been excluded by judicial decision, a court-appointed defence lawyer must be appointed without delay. In this situation, swift action is required to avoid a gap in the defence. Equally, a court-appointed defence lawyer must be appointed where the injured party as joint plaintiff has been assigned a lawyer, since equality of arms in criminal proceedings must be maintained. We assume the defence in both constellations without delay and ensure continuity of the conduct of proceedings.
The general clause of § 140 (2) StPO opens up a significant field of application beyond the expressly regulated cases. A defence lawyer must be appointed where the gravity of the offence, the anticipated legal consequence or the difficulty of the factual and legal situation so requires, or where it is apparent that the accused cannot conduct their own defence. The latter may result from language barriers, health limitations or the complexity of the facts. We specifically assess whether this provision is met in your case and file the application for appointment with the necessary reasoning.
Why Clients Choose GLADICA Lawyers as Court-Appointed Defence
Many premium law firms categorically decline court-appointed defence mandates. We take a different position: particularly in serious proceedings where the personal liberty and future of the client are at stake, the quality of the defence matters more than any billing consideration. We accept court-appointed defence mandates selectively, handle them with the same analytical rigour as privately retained mandates and conduct them with the assertiveness that criminal proceedings demand. No mandate is delegated to junior associates.
Highly Specialised Lawyers
Experienced lawyers with specialised expertise in representing victims across all categories of criminal offences.
500+ Five-Star Reviews
Your personal and case information remains strictly protected.
30+ Years of Experience
Urgent legal help whenever you need it, including nights and weekends.
Multilingual Team
Legal representation in German, English and Russian.
Nationwide Representation
Representation before all German courts, from local courts to higher regional courts.
Frequently Asked Questions about Court-Appointed Defence
A case of mandatory defence exists under § 140 (1) StPO in particular where serious allegations are involved (felonies), where proceedings take place before the higher regional court, regional court or mixed court, in cases of pre-trial detention, placement or in other statutory constellations. Under the general clause in § 140 (2) StPO, a defence lawyer must also be appointed where the gravity of the offence, the anticipated legal consequence or the difficulty of the factual and legal situation so requires, or where it is apparent that the accused cannot conduct their own defence. We assess your situation promptly and file the necessary application without delay.
Yes. § 142 (5) StPO grants you the right to nominate a defence lawyer of your confidence. The court should in principle follow this nomination, provided no important reasons militate against it. Those who nominate a specialised lawyer at an early stage secure targeted defence.
The application can be filed by the accused as soon as the allegation has been disclosed. In practice, the nominated defence lawyer generally handles the application and simultaneously gives notice of the defence. We promptly attend to all formal steps so that the appointment takes place swiftly.
During the proceedings, the public purse initially covers the defence lawyer's fee at the statutory rates under the RVG. In the event of a final conviction, the procedural costs including the court-appointed defence fee are generally imposed on the convicted person under § 465 StPO. Where the accused is acquitted or proceedings are discontinued, the costs remain definitively with the public purse.
In law there is no difference in duties and powers. In practice, the quality of the defence depends significantly on the lawyer selected. The possibility of nominating a defence lawyer of your confidence (§ 142 (5) StPO) is therefore of central importance.
A change is possible under the conditions of § 143a StPO, in particular where there is a permanently broken relationship of trust or for comparably weighty reasons. The decision on the change is made by the court. We assess your situation and support you in filing the application.
Under § 141 (1) StPO, the appointment takes place without delay as a rule once the allegation has been disclosed to the accused and a case of mandatory defence exists. In certain constellations, for example at a custodial hearing, appointment also takes place ex officio without an application.
Where the court-appointed defence lawyer does not appear, the court can take measures under § 145 StPO, such as adjournment of the hearing or the appointment of a substitute. In addition, a further defence lawyer can be appointed under § 144 StPO to secure the progress of proceedings.
The appointment generally continues to apply for the relevant instance. For appellate proceedings, appointment must be separately assessed. In many cases, mandatory defence also exists there. We accompany court-appointed defence mandates through all instances as a matter of course.
The appointment must take place without delay under § 141 (1) StPO. In urgent cases, in particular in custodial decisions, a provisional decision can also be made. In practice, it is advisable to nominate a defence lawyer of your confidence at an early stage in order to ensure a swift and appropriate appointment.
